Missouri, Kansas & Texas Railway Co. v. Cook

Citations

• 163 U.S. 491
• 16 S. Ct. 1093
• 41 L. Ed. 239
• 1896 U.S. LEXIS 2285

Syllabus

<p>By the filing of the map of the line surveyed prior to December 24,1867, for the route of the railroad now known as the Missouri, Kansas and Texas Railway, the route of the road was definitely fixed within the Intent and meaning of the act of July 26) 1866, c. 270, 14 Stat. 289, granting lands to aid in its construction; and while the principal object in filing the map was to secure the withdrawal of the lands granted, it also operated to definitely locate the line and limits of the right of way.</p> <p>The grant of the lands and the grant of the right of way were alike grants inprmsenti, and stood on the same footing; so that, before definite location, aU persons acquiring any portion of the public lands after the passage of the act toot the same subject to the right of way for the proposed road.</p> <p>The rights of the settler in this case were acquired after the line had been located, and were not affected by the subsequent act of the company in changing the location.</p>